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JOHNSON v. STUART

No. 80-3451.

702 F.2d 193 (1983)

Nely L. JOHNSON; Mark T. Johnson, by his guardian ad litem Pamela Webb-Selden; Brian J. Freeman; Phillippe C. Freeman, Louis R. Freeman and Pierre A. Freeman, by their guardian ad litem Pamela Webb-Selden, et al., Plaintiffs-Appellants, and Daniel R. Barde, Plaintiff, v. Sedley N. STUART, Wanda Silverman, Kenneth Smith, Clifford Freeman, Joyce Benjamin, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 25, 1983.

Attorney(s) appearing for the Case

David H. Wilson, Portland, Or., for plaintiffs-appellants.

James E. Mountain, Salem, Or., Donald C. Jeffery, Portland, Or., for defendants-appellees.

Before BROWNING, Chief Judge, WALLACE and BOOCHEVER, Circuit Judges.

BROWNING, Chief Judge:

Public School teachers, students, and students' parents brought suit under 42 U.S.C. § 1983 against the Oregon State Board of Education, the Oregon State Textbook Commission, Portland School District No. 1 J, and Gresham Grade School District No. 4,1 challenging the constitutionality of Oregon's textbook selection statute, Or.Rev.Stat. §§ 337.011-.260 (1981...

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